As technology has become more widely available and the ease of transmitting data has developed, we are seeing our privacy diminish. An invasion of privacy can be devastating, however. Recently there have been a number of concerning reports of private companies disclosing private data or utilizing private data for unauthorized uses.
Large scale personal data compilations and sale of such information may cross over into invasive practices under the law.
Invasion of privacy can also involve the publication of personal and sensitive photographs and information. Claims for invasion of privacy are more serious in the internet age as the publication of harmful material can reach millions of people in a matter of seconds. Reputations can be harmed and emotional suffering can be severe.
In some of the toughest times in your personal life, you may need the help of an attorney to help navigate the best way through legal recourse and the potential for rightful compensation.
Filing claims and lawsuits may not be your first choice in settling a personal matter, but in the end it may be the only way to move forward and hold a company or individual accountable.
Joe Lyon in a highly-rated Cincinnati personal injury lawyer who has successfully handled invasion of privacy claims resulting in six figure settlements.
The Lyon Firm recognizes the personal nature of many of these sensitive cases.
Invasion of Privacy Case Study: (Cincinnati, Ohio): Confidential settlement against former spouse for the publication of private photographs taken during the course of marital relationship. Former spouse published erotic photographs on numerous internet sites and forwarded copies to family members to further harass plaintiff. The settlement provided a sense of justice, protection, and compensation that will be used to further Plaintiff’s education.
Invasion of Privacy: Media False Light: (Cincinnati, Ohio): Confidential settlement on behalf of young professional women who was falsely portrayed by the local media as being associated with “sexting high school students.” Despite notice of the false light media clip, the local news station continued to run the story with the clip art that falsely linked the Plaintiff to the “sexting” story.
Privacy is a basic right in the United States, and any individual or company who violates an individual’s privacy can be held liable in a lawsuit.
Examples of Invasion of Privacy Claims:
There have been numerous data privacy cases and data breach lawsuits filed against companies who have failed to protect consumer’s private information. Data has been leaked and individual private information has been taken for various purposes.
If your data has been hacked or a company has failed to protect you and made you vulnerable financially, you may have legal recourse and can file a claim with the assistance of a data breach attorney.
The Telephone Consumer Protection Act has been put in place to protect consumers from pre-recorded calls, auto dialers, robocalls and any unsolicited text messages or phone calls to your home or business. Any person on a Do Not Call Registry and receives calls that violate TCPA laws can file Telemarketing Harassment lawsuits.
TCPA Class Action lawsuits have been settled in recent years for millions of dollars, and violators have been fined thousands for each unlawful call they place.
Individuals suffer a great deal of emotional distress in times of private uncertainty. Plaintiffs have filed claims based on the loss of business and the loss of reputation. Privacy suits can recover compensation for the following:
“Revenge porn” is an act where a couple has engaged in consensual private photography or video during the course of the relationship. There is an expectation of privacy and that the video will not be shared outside of the relationship. It is a mistaken belief that this is private property that may be used and published to third parties without consent.
There have been reports of ex-spouses and ex-boyfriends publishing private sex tapes and photographs on websites to embarrass their former partner. This is a tortious act and compensable under Ohio law.
In April 2018, a federal judge in California ordered a man to pay $6.4 million in damages to an ex-girlfriend for the alleged spreading of sexual photos of her online. The defendant posted suggestive photos on dating and pornography websites after they broke up. She sent the photos to him before the relationship deteriorated.
The court’s decision sets an important precedent. Courts around the country have awarded revenge porn victims in recent years, including an $8.9 million award to Washington couple in 2017. Revenge porn laws aim to protect people in the intentional distribution of non-consensual pornography.
As technology enters into almost every aspect of our daily life, we are seeing our privacy diminish. Instances of invasions of privacy are reported in many corporate and private affairs. The loss of private data can be serious, as can the publication of personal and sensitive photographs and information.
Reputations can suffer and emotional distress can be serious. Examples of invasion of privacy claims may include, Revenge Porn, Hidden Video Cameras, and the Unauthorized Use or Sale of a photograph, image, or name.
Victims may file claims for emotional pain and suffering, disgorgement of any illicit monetary gains, and punitive damages. Lawyers argue that there is an expectation of privacy while photos and videos are produced while a couple is in good standing, and thus will not be shared outside of the relationship.
A Statute of limitations refers to the period of time a plaintiffs has to file a lawsuit before legal action is no longer possible. These time period differ based on practice area, location and circumstance.
Plaintiffs have one year from the date of the act to contact an invasion of privacy attorney and file a claim. Anyone who has been the target of telemarketing harassment, identity theft, data theft, unauthorized photographs or another area of privacy can contact a consumer protection attorney to review your case. Settlements are likely in invasion of privacy cases where there is clear and preserved evidence.
Privacy breaches and personal data theft cases can result in life-altering financial losses and reputational damages. Such losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through privacy and personal data lawsuits.
Any kind of data theft or personal data negligence by an individual or company that causes harm can lead to filing a privacy and data misuse lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the offense.
Personal data theft attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your privacy case for free and assess what compensation any plaintiff can expect through litigation.
Pre-Suit Investigation and Negotiations: Personal Data Theft lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant information. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Privacy Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Once a privacy suit is filed by your attorney, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, data theft and privacy claims rely upon evidence to prove negligence, causation and damages.
Invasion of privacy lawsuits may cover practice areas including personal data theft, data misuse, employer negligence, data breaches, defamation, medical record breaches, and identity theft.